Martha Stewart Living Sued Over Bed Bug Mattress Pad Patent

JAB Distributors, manufacturer of the Protect-a-Bed, claims the Martha Stewart Collection Allergy Wise Mattress Protector is using its invention without permission.

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September 13, 2010

Martha Stewart Living is being sued for infringing a patent for Protect-A-Bed, mattress covers designed to keep bed bugs from biting sleepers.

JAB Distributors, manufacturer of the Protect-a-Bed, claims the Martha Stewart Collection Allergy Wise Mattress Protector is using its invention without permission. Closely held JAB is seeking a court order to prevent further use, plus unspecified cash compensation, according to the complaint filed yesterday in federal court in Chicago.

The JAB patent, issued in June 2009, is for a “bug- impervious fabric” with a zipper opening for removal of the mattress and a foam pad at the end of the zipper so the bedbugs can’t escape from that opening. JAB calls its invention the “BugLock.”

“It is likely that the evidence will show that Martha Stewart’s acts of infringement have been made with full knowledge” of the patent, Northbrook, Illinois-based JAB said in the court filing.

Katherine Nash, a spokeswoman for New York-based Martha Stewart Living, said the company is investigating the complaint.